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1. The Defendant’s KRW 11,151,321 as well as its annual 6% from February 6, 2013 to January 14, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 25, 2009, the Plaintiff entered into a sales contract with the Defendant to sell Seo-gu, Incheon (hereinafter “instant apartment”) for KRW 508,000,000 (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.
Article 1 (Supply Price and Payment Method) (1) Article 2 (Cancellation of Contract) ① (1) Article 2 (Cancellation of Contract) (1) 30,200,000 (unit: 50,800,800,000) of the occupancy designation period on April 15, 2010 and August 16, 2010, once two times every time when the Plaintiff performs any of the following acts, and once again on December 15, 2009:
2. When the balance under Article 1 is not paid within three months from the date of the agreement, when the contract is terminated for reasons falling under the subparagraphs of Article 3 (Penalties) (1) and Article 2 (2), 10% of the total sale price shall revert to the plaintiff as penalty for breach of contract.
③ In the case of paragraph (1), the Plaintiff shall pay to the Defendant the remainder after deducting the penalty from the payment already paid by the Defendant (hereinafter referred to as “period”). (4) In the event that this contract is terminated, where a loan has been granted by the Plaintiff or the Defendant from a financial institution due to the guarantee of the Si Corporation, the Defendant shall repay the principal and interest of the loan (including the total amount of the loan that the Plaintiff paid to the financial institution on behalf of the Defendant) to the Plaintiff and the lending institution, and the Plaintiff shall return the balance after deducting the principal and interest of the loan and the penalty from the sale price to be returned to the Defendant by priority.
Article 6 (Payment of Second Instance) (2) In the event that the Plaintiff pays the intermediate payment from the bank designated by the Plaintiff with the loan funds as provided for in the preceding paragraph, the Plaintiff shall designate the Plaintiff from the date on which the loan funds are entered.